CHHOTA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE learned Additional Sessions Judge No. 1, Nohar, has convicted the accused appellant Chhota Singh under sections 307 and 326 I. P. C. For the first offence he has been sentenced to seven years rigorous imprisonment and a fine of Rs. 500/-,in default of payment of Which to further undergo three months rigorous imprisonment. Under the second count, i. e. section 326 I. P. C. the accused has been sentenced to undergo five years rigorous impir-sonment and a fine of Rs. 400/-, in default of which to further undergo two months rigorous imprisonment. THE substantive sentences have been ordered to run concurrently.

(2.) THE case of the prosecution is that the houses of Gurdeo Singh P. W. 4 and accused appellant are situated in the same locality in village Gogamedi. On August 9, 1982 at about 9 or 10 A. M. Gurdeo Singh P. W. 4 had brought some earth in his tractor and was unloading it in front of his house where it is alleged that the accused appellant came armed with a sword. Gurdeo Singh P. W. 4 is said to be at that: time levelling the earth which has been unloaded by him. THE accused appellant asked him not to do so as according to him the land which (Gurdeosingh was levelling) belonged to him. At this, accused became enraged and gave a sword blow, which was aimed at the head of Gurdeosingh PW. 4 but the blow was taken by him on his hand as a result of which a part of his hand was amputated. THE accused repeated the assault and caused more injuries with the sword. A report Ex P. 11 was filed by Gurdeo Singh and investigation was set in motion. THE injuries of Gurdeo Singh were examined by Dr. Vijay Kumar P. W. 3 who was then posted, as doctor incharge, Government Hospital, Nohar. THE said doctor found that, Gurdeosingh P. W. 4 had the following injurie:- " (1) Incised wound 17cm x 3cm muscles bones (Two) 13 c. m. x 3cm veses, nerves cut on lower 1/3 of left forearm posterio-anteriorily Horizontally directed. Whole of hand with lower 1/3 of forearm separated from forearm. Only skin attachment present. Fracture of Redius and ulna present. (2) Incised wound 28cm x 2cm x bone deep on left Temparo-parieto-occipital region of scalp just above left ear obliquely directed. " In the opinion of the doctor the injuries were fresh as blood is coming out and both the injuries were caused by a sharp weapon. He advised X-ray for injury No. 2 and on X-ray being taken by Dr. Markande PW. 5, a fracture of occipital and left parietal bone were revealed. THE accused was arrested and on his information and at his instance a sword, the alleged weapon of offence was recovered. THE blood staineds word was sent for chemical examination and the Chemical Examiner reported that there was blood on the sword. THE matter was further referred to Serologist who under his report Ex. , P. 20 reported that blood was not sufficient for test and, therefore, he could not opine as to whether the blood was human blood or not.